Legal Question in Family Law in Utah
Seeking Guardianship
Im seeking custody of my niece and I live in Texas. The father wishes for me to have custody he lives in ca and the mother wishes for the foster parents (whom had custody for 6 months and formed a bond with the 2 year old child) to adopt her. The father will not go along with the request for the foster parents to adopt. The mother says she cant deal with the child at the moment and her parents has no way of obtaining custody. both the father and mother are in the process of a 6 month re certification to raise the child but neither shows interest in doing so. So far the mother ( whom has another child in foster care and currently is pregnant with 3 Rd child) has been in the re certification for 6 months and shown little effort and the father just started. The g.a.l for the child told the judge I cleared all background checks and currently in the icpc process. Since im a relative do I have a chance at obtaining guardianship or do the foster parents have a better chance?
2 Answers from Attorneys
Re: Seeking Guardianship
Without more facts, it's impossible to say who has the better chance. The judge will make the decision based on what is in the best interest of the child. Based on your inquiry, it appears as though the needle is slightly in your direction and if other factors are favorable, you might have a chance. Good Luck.
Re: Seeking Guardianship
If the foster parents are seeking to adopt, why aren't you seeking to adopt? That isn't the same as a guardianship. The judge will look at what is in the best interest of the child, and you will be considered since you are a relative and have passed the background checks.
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